PART 1
use as a checklist against which laws, policies
and interventions can be measured.
The Principles are organized under four
headings:
1.
2.
3.
4.
The primacy of human rights
Preventing trafficking
Protection and assistance
Criminalization, punishment and
redress
The Principles included under the first heading
are applicable to interventions at all stages of
the trafficking cycle: recruitment, transport and
subjection to exploitation. The Principles included
under the three subsequent headings identify the
object and parameters of intervention at different
times in the cycle of trafficking: preventive
measures before a person becomes trafficked;
measures for the protection of and assistance
to persons who have become trafficked; and
criminal and civil proceedings.
The second part of the document contains a series
of 11 Guidelines, most of which relate back to
and expand upon one or more of the Trafficking
Principles. Unlike the Trafficking Principles, the
Guidelines are not intended to be prescriptive
but rather to provide practical direction to States,
intergovernmental organizations, NGOs and
others on the steps that can be taken to ensure
that the key Principles are translated into effective
and realistic responses.
16
1.3. LEGAL STATUS
The Trafficking Principles and Guidelines are
not contained in a treaty or similar instrument
that is capable of giving rise to immediate
legal obligation. As such, this instrument does
not enjoy the force of law and cannot, on its
own, be identified as or become a source
of obligation for States. However, this does
not mean that the Trafficking Principles and
Guidelines are without legal significance. As the
Commentary will demonstrate, certain aspects
of the Trafficking Principles and Guidelines:
(i) are based upon established customary rules
of public international law to which all States
are bound, including those relating to State
responsibility and fundamental human rights;
and/or (ii) reiterate, or make specific to the
context of trafficking, norms contained in existing
international agreements. To the extent that
parts of the Trafficking Principles and Guidelines
embody an existing rule of international law,
then those parts are themselves a source of legal
obligation for States. It is also important to note
that the Trafficking Principles and Guidelines
establish a framework for State practice that may
itself provide the basis for emergent customary
international law.
The Commentary seeks to provide clear direction
on the issue of legal status by identifying
those aspects of the Trafficking Principles and
Guidelines that can be tied to established
international legal rights and obligations.
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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